Ordinance 003-2009
ORDINANCE 003 -2009
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS REPEALING AND RESCINDING
ORDINANCE No. 20-2008 CONCERNING THE PROVISION OF
CENTRAL SANITARY SEWER AND OTHER UTILITIES TO
COASTAL BARRIER RESOURCE UNITS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS AND THE
SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Monroe County is in an area designated as an area of critical state concern; and
WHEREAS, the Monroe County Board of County Commissioners passed a land development Ordinance
20-2008 on September 17, 2008 concerning the provision of central sewer service and other utilities to be
provided to properties within the Coastal Barrier Resource System (CBRS) units within the jurisdiction of
Monroe County; and
WHEREAS, the County's current comprehensive plan discourages the provision of utilities within CBRS
units; and
WHEREAS, the Department of Community Affairs (DCA) provided its intent to find Ordinance No. 020-
2008 not in compliance and inconsistent with the County's 2010 Comprehensive Plan and the principles for
guiding development as set forth in Chapter 380 of the Florida Statutes in Final Order No. 08-0R-352,
stating also that there was not enough data and analysis, and that the ordinance was not specific enough in it
s application to certain CBRS units; and
WHEREAS, a member of the public has appealed the DCA's Final Order; and
WHEREAS, land development regulations are not effective in an area of critical state concern until the
DCA provides notification that the ordinance is consistent with the County's comprehensive plan and the
principles for guiding development; and
WHEREAS, the Board is following the process to adopt a Comprehensive Plan amendment concerning
this same subject at the second transmittal for the year 2009; and
WHEREAS, the language of the land development regulation may not accurately reflect what is included
in the Comprehensive Plan amendment; and
WHEREAS, the Planning Commission considered this matter at a public hearing on February 11, 2009;
and
WHEREAS, the Board of County Commissioners has considered the comments from the DCA, staff, the
Planning Commission, and the public; and
WHEREAS, based on the findings of the DCA and advice of the County Attorney, and considering the
input from staff and recommendation of the Planning Commission, the Board has found that it is in the best
interest of the public not to pursue the appeal of the final order and directed staff not to appeal the order, but
to rescind Ordinance 20-2008;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. Repealer.
Ordinance No. 20-2008 is hereby rescinded and repealed in it,s entirety.
Section 2. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or
nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph,
subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment
or decree shall be rendered.
Section 3. Conflictin2 Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision of any
appropriatt~ federal, state, or County law, rule code or regulation, the more restrictive shall apply.
Section 4. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources Department to the
Florida Department of Community Affairs to determine the consistency of this ordinance with the Florida
Statutes and as required by F.S. 380.05(6) and (11).
Section 5. Filin2.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become
effective until a notice is issued by the Department of Community Affairs or Administration Commission
approving the ordinance.
Section 6. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular
meeting held on the 18th of February 2009.
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Mayor Pro Tern Sylvia Murphy
Commissioner Kim Wigington
c::pmmissioner Heather Carruthers
-Cotnnlissioner Mario Di Gennaro
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Mayor George Neugent
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARA THON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
March 12, 2009
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 116000003841 2372
Dear Ms. Cloud,
Enclosed is a certified copy of Ordinance No. 003-2009 repealing and rescinding Ordinance
No. 020-2008 concerning the provision of central sanitary sewer and other utilities to coastal barrier
resource units; providing for severability; providing for repeal of inconsistent provisions; providing for
transmittal to the Department of Community Affairs and the Secretary of State; providing for an
effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on February 18, 2009. Please file for record. Should you
have any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc: Via E-Mail to the following:
Municipal Code Corporation
Growth l\1anagement
County Attorney
BOCC
File
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or on the front if space permits.
1. Article Addressed to:
l~rogram Administrator
Administrative Code ana VVeeKly
R.A. Gray Building
500 South Bronaugh Street
"~'l,nahassee, Florida 32399-025C
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Page 1 of 1
Pam Hancock
From:
To:
Sent:
Subject:
"Andrea Hoyle" <AHoyle@municode.com>
<phancock@monroe-clerk.com>
Friday, March 13, 2009 9: 17 AM
RE: Ordinance 003-2009
We have received your files. If you have any questions or concerns, need addiditonal information, or you do not
receive this response within 24 to 48 hours of sending your material please contact us at the information below.
Ord Admin.
Ords@municode.com
1-800-262-2633
(850) 576-3172 ext. 235
Fax No. 850-575-8852
P.O. Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32317-2235
From: Ords Admin
Sent: Friday, March 13, 2009 6:50 AM
To: Andrea Hoyle
Subject: FW: Ordinance 003-2009
From: Pam Hancock [mailto:phancock@monroe-clerk.com]
Sent: Thursday, March 12, 2009 3:25 PM
To: Hanson-Donna@MonroeCounty-FL.Gov; Terri Marble; Lundstrom-Tamara@MonroeCounty-FL.Gov; Wilma
Corbin; Carol Schreck; Ords Admin
Cc: Tezanos-Mayra@MonroeCounty-FL.Gov; Kathy Peters; Grimsley-Susan@MonroeCounty-FL.Gov
Subject: Ordinance 003-2009
Attached is the above-mentioned Ordinance that was approved at the 2/18/09 SOCC meeting.
3/13/2009
Page 1 of2
Pam Hapcock
From:
To:
Sent:
Subject:
<ords@municode.com>
< phancock@ mon roe-clerk. com>
Thursday, March 19,2009 12:58 PM
Acknowledgment of material received
This is a computer generated email, please do not reply to this message.
Municipal Code Corporation
P.O. Box 2235
1700 Capital Circle SW. (32310)
Tallahassee, FL 32316-2235
850-576-3171
Fax: 850-575-8852
infQ@mqnic;ocj~.cQm
Monroe County, FL Code of Ordinances - 2008(14298)
Supplement 2
Recorded: 3/19/2009 11 :36:10 AM
We have received the following material through E-Mail.
Document
Ordinance No. 003-2009
Adoption
2/18/2009
***CJjG.k.mtt~.r~ to see the full list of recorded ordinances for the next supplement. ***
Or point your browsers at: http://www.municode.com/disposition/dislist.asp?jobid=1 09682
· You can also "GO GREEN" and reduce the number of supplement copies you
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supplement. We can update the Internet quarterly, monthly, even weekly. For
additional information email .i.nJQ.@J]JJAniG.Qq__~.~nGqm..
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3/19/2009
Page 1 of2
Pam Hancock
From:
To:
Sent:
Subject:
<ords@municode.com>
<phancock@monroe-clerk.com>
Monday, March 23,2009 11 :25 AM
Acknowledgment of material received
This is a computer generated email, please do not reply to this message.
Municipal Code Corporation
P.O. Box 2235
1700 Capital Circle Sw. (32310)
Tallahassee, FL 32316-2235
850-576-3171
Fax: 850-575-8852
il1fo@m.llniGQc:t~.GQm
Monroe County, FL Land Development Code - 2008(14299)
Supplement 2
Recorded: 3/19/200912:08:24 PM
We have received the following material through E-Mail.
Document Adoption
Ordinance No. 003-2009 2/18/2009
Ordinance No. 002-2009 2/18/2009
***CJi.G__k_h~J~ to see the full list of recorded ordinances for the next supplement.***
Or point your browsers at: http://www.municode.com/disposition/dislist.asp?jobid=1 09690
. You can also "GO GREEN" and reduce the number of supplement copies you
receive or just get a PDF of the supplement to print your Own coples.ask uS
how - emall tnfQ_@__mldJtiG.Qng~n,_G.-Qr-'
· ~J'~~~erri~~t~~~n5~ri'~~~~7eOth~oPrit~r~~r qr1J~~e~I~~~~hn1~I:, ~~~W<leekly. For
additional information email i__ntQn@rD_ldnjG.Q~:t~n,_GQm.
. We can post newly enacted ordinances in the online Code after each meeting.
. ~~'roa~~~ ~~u~~~ee~J~r~;Ji~g~~I~l~~e~fsf~fi~~~Wcess. Visit MCCi for more
. ~ eme~~~i~
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IIJJQ@-'rLG_G_~g_Y_~nJ~_g~n~G._Q_m.
. Neea a better way to manage your Contracts? Visit MCCi's website to learn
more about automating your contract management processes.~'tCCj
. Ever need to search in several online Codes for a sample ordinance? Try our
. ~~I~~ ~g~o~eer~~~iru9st~~~~s~~~~r~~~~~tii~r ;u~~~~p~t~9.fO~~ri~iBr%ec-fi~~e
at: bttPn:!twww.nmn~nniGQqn~.nG.Qrnt~PQldJlprQG.tJldr~n.pq.f
3/23/2009
~~l>WE~
FLORIDA DEPARTMENT or STATE
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CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
March 23, 2009
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
KURT S. BROWNING
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated March 12, 2008 and certified copy of Monroe County Ordinance No. 003-2009, which was
filed in this office on March 18, 2009.
Sincerely,
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Liz Cloud
Program Administrator
LCI srd
DIRECTOR'S OFFICE
R.A. Gray Building . 500 South Bronaugh Street . Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.fl.us
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850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
ST A TE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
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DCA Final Order No.: DCA09-0R-I07
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND
OEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 003-2009
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ORDER APPROVING MONROE COUNTY ORDINANCE 003-.~
AND VACATING DCA FINAL ORDER NO.: DCA08-0R-3Sr rn
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The Department of Community Affairs (the "Department") hereby issues its Order
Approving Monroe County Ordinance 003-2009 rescinding and repealing Ordinance 20-2008,
and Vacating DCA Final Order No.: DCA08-0R-352.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern,
and Monroe County is a local government within the Florida Keys Area.
2. On October 17, 2008, the Department received for review Monroe County
(County) Ordinance No. 020-2008 ("Ord. 020-2008"), adopted by the County on September 17,
2008.
3. On December 12, 2008, the Department issued DCA Final Order No.: DCA-OR-
352 rejecting County Ordinance No. 020-2008 as inconsistent with ~ 380.0552(7), Fla. Stat., the
Principles for Guiding Development in an Area of Critical State Concern.
4. On February 18,2009, the Monroe County Board of County Commissioners
adopted Ordinance No. 003-2009, rescinding and repealing in its entirety Ordinance No. 020-
2008 concerning a land development regulation for the provision of central sanitary sewer and
other utilities to be provided to properties within the Coastal Barrier Resource System units
within the jurisdiction of Monroe County.
5. Ordinance No. 003-2009 states that the Board of County Commissioners is
following a process to consider and adopt a comprehensive plan amendment concerning the
DCA Final Order No.: DCA09-0R-I07
same subject area as Ordinance No. 020-2008.
CONCLUSIONS OF LAW
6. The Department is required to approve or reject land development regulations that
are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical
State Concern. 9 380.05(6), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2008).
7. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. 9 380.0552, Fla. Stat. (2008) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
8. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. 9 380.031 (8), Fla. Stat. (2008). The
regulations rescinded by Ord. 003-2009 are land development regulations.
9. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in 9 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community AjJairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), ajJ'd, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
10. Ord. 003-2008 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to
achieve these objectives without the continuation of the area of
critical state concern designation.
(b) To protect shoreline and marine resources, including
mangroves, coral reef formations, seagrass beds, wetlands, fish
and wildlife, and their habitat.
(h) To protect the value, efficiency, cost-effectiveness, and
amortized life of existing and proposed major public
investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection and disposal facilities;
3. Solid waste collection and disposal facilities;
4. Key West Naval Air Station and other military
2
DCA Final Order No.: DCA09-0R-I07
facilities;
5. .Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and
other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-
op; and
9. Other utilities, as appropriate.
11. Ord. 003-2009 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 003-2009 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED, and ORDERED that DCA Final Order No.: DCA08-0R-352 is vacated.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
~ 1 iD.---
CHARLES GAUTHIER, AICP
Director, Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING ACTION.
DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL
FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU
ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
3
DCA Final Order No.: DCA09-0R-107
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAYBE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENT A TIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MA Y FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HA VE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
4
DCA Final Order No.: DCA09-0R-I07
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true and c.<p"ect copies have been furnished
to the persons listed below by the method indicated this ~ 'Cfay of April, 2009.
~aUla Ford, Age
Bv U.S. Mail:
Honorable George Nugent
Mayor of Monroe County
25 Ship's Way
Big Pine Key, Florida 33043
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Andrew Trivette
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv Hand Delivery or Interagency Mail:
Craig Diamond, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5